HomeMy WebLinkAboutOrdinance #3228 ORDINANCE NO. 3228
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 12.32 TO THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO AGGRESSIVE PANHANDLING
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. That new Chapter 12 be, and the same is hereby, added to the
Huntington Beach Municipal Code, to read as follows:
1.2,32.060 PROHIBITED ACTS. No person shall ask, beg, or solicit
alms in an aggressive manner in any place open to the general public, whether publicly or
privately owned, including but not limited to any sidewalks, streets, alleys, driveways,
parking lots, parks, plazas, buildings, doorways and entrances to buildings, gasoline service
stations, and the grounds around or enclosed by buildings.
12.32. 7 a DEFINITION: "Aggressive manner" means approaching, speaking
to, or following a person in a manner as would cause a reasonable person to fear bodily
harm or the commission of a criminal act upon the person, or upon property in the
person's immediate possession; or
(1) Touching another person without such person's consent in the course of
asking, begging or soliciting alms; or
(2) Continuing to ask, beg, or solicit alms from a person after such person has
made a negative response or otherwise indicated a desire not to contribute;
or
(3) Intentionally blocking or interfering with the safe or free passage of the
person solicited by any means; including causing such person to take evasive
action to avoid physical contact or preventing such person from departing
the location of the solicitation; or
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(4) Intentionally following the person solicited, without such person's consent,
for the purpose of continuing to ask, beg or solicit alms after such person
has made a negative response or indicated a desire not to contribute; or
(5) Making any statement, gesture, or other communication which a reasonable
person in the situation of the person solicited would perceive to be a threat
of bodily harm; or
(6) Rendering any service to a motor vehicle, including but not limited to any
cleaning, washing, protecting, guarding or repairing of said vehicle or any
portion thereof, without the prior consent of the owner, operator or
occupant of such vehicle, and thereafter asking, begging or soliciting alms or
payment for the performance of such service, regardless of whether such
vehicle is stopped, standing or parked on a public street or upon other
public or private property; or
(7) Intentionally blocking, preventing, impeding or interfering with the free and
unobstructed ability of the person solicited to enter into or emerge from
any vehicle during the course of asking, begging or soliciting alms or
following a negative response by the person solicited to any such solicitation;
or
(8) Intentionally blocking, preventing, impeding or interfering with the
operation or movement of any vehicle operated or occupied by the person
solicited, during the course of asking, begging or soliciting alms or following
a negative response by the person solicited to any such solicitation.
12.32.070(b) DEFINITION: "Ask, Beg, or Solicit Alms" includes the spoken,
written, or printed word or such other act conducted for the purpose of obtaining an
immediate donation of money or thing of value, whether for personal use, or as a
charitable contribution to any individual or organization, or for any other purpose.
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3228
12.32.080 NO RESTRICTION ON FREE SPEECH. This ordinance is not
intended to restrict the exercise of protected free speech.
12.32.090 SEVERABILITY. The City Council of the City of Huntington
Beach hereby declares that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the
intent of the Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of
the City of Huntington Beach this 7th day of March , 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
City CIerk a `f City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROV :
V- -Zj- I4z- 4a-Alv
City Ad n trator Chief-of Po[i
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3228
Ord. No. 3228
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting therof held on the �28�day of Fehr, ar=,
19 94 and was again read to said City Council at a regular
meeting therof held on the 7th day of March 19 94 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Silva, Bauer, Moulton-Patterson. WincheLl. Lei p7J Q,__Slil l i Tan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Robitaille
I. (Pnio Bro,.►r)Pav CEl'Y CLERK of:he City of
t srrtirgicn seNd,. F:c';o Cie'k of the Cite .
a e Dail" i! ton City Clerk and ex-offi Clerk
rird,�;rF;,e sc,�„ ;,i�, ,kJi C• :f l the Dail Pivot On
/ of the City Council of the City
�F_�F,ptg of Huntington Beach, California
in i1cwrdariw'e vest i u7r3�ssir�<'u. I`�'(of�M1U City.
Co.nnif, aaii+�:ii'{1d
City Clerk
Deputy City Cdk